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How to File a Veterans Disability Claim
A veteran's disability claim is an essential part of his or her benefit application. Many veterans who have their claims accepted receive additional monthly income that is tax free.
It's not secret that VA is behind in the process of processing claims for Veterans Disability Law Firms disability by veterans Disability law Firms. It can take months, even years for a determination to be made.
Aggravation
A veteran could be eligible to claim disability compensation for a condition that was caused by their military service. This type of claim can be either mental or physical. A licensed VA lawyer can assist the former soldier file an aggravated disability claim. A claimant needs to prove via medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.
A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion which will prove the severity of the pre-service condition. In addition to the doctor's statement the veteran must also provide medical records as well as statements from relatives or friends who can attest to their pre-service condition.
When a claim for disability benefits from veterans it is crucial to be aware that the aggravated condition has to be distinct from the original disability rating. A disability lawyer can guide the former soldier on how to provide sufficient medical evidence and testimony to prove that their original condition was not only caused by military service, but actually worse than it would have been without the aggravating factor.
In addressing this issue VA is proposing to change the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and controversies regarding the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.
Service-Connected Conditions
To be eligible for benefits, veterans must prove his or her health or disability was caused by service. This is referred to as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular disease that develops because of specific amputations connected to service. For other conditions, like PTSD, veterans must provide documents or evidence from people who were their friends in the military, to connect their condition to a specific incident that took place during their service.
A pre-existing medical problem can be service-related in the case that it was aggravated due to active duty service and not due to the natural progression of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was due to service, and not the natural development of the disease.
Certain injuries and illnesses are believed to have been caused or worsened by service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans disability lawsuits as well as exposure to radiation for Prisoners of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are assumed to have been aggravated or caused by military service. These are AL amyloidosis or chloracne, other acne-related disorders, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, click here.
Appeal
The VA has a procedure to appeal their decision on the issue of whether or not to grant benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney may make this filing on your behalf however if not, you can file it yourself. This form is used to tell the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.
There are two options for a higher-level review and both of them are options you should take into consideration. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference given to the previous decision) and either reverse or affirm the decision made earlier. You may or not be able submit new evidence. The other path is to request an interview before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss all of these factors with your VA-accredited lawyer. They have experience and know what is best for your situation. They are also well-versed in the difficulties faced by disabled veterans and can be an ideal advocate for you.
Time Limits
If you have a disability that was caused or aggravated during military service, then you may file a claim to receive compensation. However, you'll need to be patient during the VA's process for reviewing and deciding on the merits of your claim. It could take up 180 days after your claim is filed before you are given an answer.
Many factors can influence the time it takes for VA to decide on your claim. The speed at which your claim will be evaluated is largely determined by the volume of evidence that you submit. The location of the VA field office which will be reviewing your claim can also influence the time it takes to review your claim.
Another aspect that could affect the time required for your claim to be processed is how often you contact the VA to check on its progress. You can accelerate the process by providing evidence as soon as possible by being specific with your address details for the medical care facilities that you use, and sending any requested information as soon as it's available.
If you think there was a mistake in the decision on your disability, you are able to request a higher-level review. This involves submitting all relevant facts of your case to a senior reviewer who can determine if there was an error in the initial decision. This review does not contain any new evidence.
A veteran's disability claim is an essential part of his or her benefit application. Many veterans who have their claims accepted receive additional monthly income that is tax free.
It's not secret that VA is behind in the process of processing claims for Veterans Disability Law Firms disability by veterans Disability law Firms. It can take months, even years for a determination to be made.
Aggravation
A veteran could be eligible to claim disability compensation for a condition that was caused by their military service. This type of claim can be either mental or physical. A licensed VA lawyer can assist the former soldier file an aggravated disability claim. A claimant needs to prove via medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.
A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion which will prove the severity of the pre-service condition. In addition to the doctor's statement the veteran must also provide medical records as well as statements from relatives or friends who can attest to their pre-service condition.
When a claim for disability benefits from veterans it is crucial to be aware that the aggravated condition has to be distinct from the original disability rating. A disability lawyer can guide the former soldier on how to provide sufficient medical evidence and testimony to prove that their original condition was not only caused by military service, but actually worse than it would have been without the aggravating factor.
In addressing this issue VA is proposing to change the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and controversies regarding the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.
Service-Connected Conditions
To be eligible for benefits, veterans must prove his or her health or disability was caused by service. This is referred to as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular disease that develops because of specific amputations connected to service. For other conditions, like PTSD, veterans must provide documents or evidence from people who were their friends in the military, to connect their condition to a specific incident that took place during their service.
A pre-existing medical problem can be service-related in the case that it was aggravated due to active duty service and not due to the natural progression of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was due to service, and not the natural development of the disease.
Certain injuries and illnesses are believed to have been caused or worsened by service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans disability lawsuits as well as exposure to radiation for Prisoners of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are assumed to have been aggravated or caused by military service. These are AL amyloidosis or chloracne, other acne-related disorders, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, click here.
Appeal
The VA has a procedure to appeal their decision on the issue of whether or not to grant benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney may make this filing on your behalf however if not, you can file it yourself. This form is used to tell the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.
There are two options for a higher-level review and both of them are options you should take into consideration. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference given to the previous decision) and either reverse or affirm the decision made earlier. You may or not be able submit new evidence. The other path is to request an interview before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss all of these factors with your VA-accredited lawyer. They have experience and know what is best for your situation. They are also well-versed in the difficulties faced by disabled veterans and can be an ideal advocate for you.
Time Limits
If you have a disability that was caused or aggravated during military service, then you may file a claim to receive compensation. However, you'll need to be patient during the VA's process for reviewing and deciding on the merits of your claim. It could take up 180 days after your claim is filed before you are given an answer.
Many factors can influence the time it takes for VA to decide on your claim. The speed at which your claim will be evaluated is largely determined by the volume of evidence that you submit. The location of the VA field office which will be reviewing your claim can also influence the time it takes to review your claim.
Another aspect that could affect the time required for your claim to be processed is how often you contact the VA to check on its progress. You can accelerate the process by providing evidence as soon as possible by being specific with your address details for the medical care facilities that you use, and sending any requested information as soon as it's available.
If you think there was a mistake in the decision on your disability, you are able to request a higher-level review. This involves submitting all relevant facts of your case to a senior reviewer who can determine if there was an error in the initial decision. This review does not contain any new evidence.
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